Kerala High Court
George Thomas vs Chairman, University Grants ... on 13 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
TH
TUESDAY, THE 13 DAY OF JULY 2021 / 22ND ASHADHA, 1943
WP(C) NO. 11386 OF 2020
PETITIONER/S:
GEORGE THOMAS
AGED 51 YEARS
S/O.SCARIA THOMAS, ANIKUZHIYIL HOUSE, NEDUMKUNNAM P.O.,
CHANGANACHERRY, KOTTAYAM DISTRICT, PIN-686 542.
BY ADVS.
M.P.MADHAVANKUTTY
SHRI. SHIJOY JOHN MATHEW
RESPONDENT/S:
1 CHAIRMAN, UNIVERSITY GRANTS COMMISSION (UGC),
BAHADURSHA ZAFAR MARG, NEW DELHI, PIN-110 002.
2 COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY (CUSAT),
REPRESENTED BY ITS REGISTRAR, COCHIN UNIVERSITY P.O.,
COCHIN, ERNAKULAM DISTRICT, PIN-682 022.
3 JOINT REGISTRAR (ACADEMIC),
COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY (CUSAT), COCHIN
UNIVERSITY P.O., COCHIN, ERNAKULAM DISTRICT, PIN-682 022.
4 REGISTRAR OF CO-OPERATIVE SOCIETIES,
JAWAHAR SAHAKARANA BHAVAN, DPI JUNCTION, THYCAUD P.O.,
THIRUVANANTHAPURAM, PIN-695 014.
BY ADVS.
SRI.S.KRISHNAMOORTHY, CGC
SRI.S.P.ARAVINDAKSHAN PILLAI, SC, COCHIN UNIVERSITY OF
SCIENCE AND TECHNOLOGY
OTHER PRESENT:
GP SRI B HARISH KUMAR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 11386 OF 2020
2
JUDGMENT
This is a classic case of a high handedness at the behest of the
Cochin University of Science and Technology (CUSAT) in not
recognizing the degree of the MBA obtained by the petitioner from the
Sikkim Manipal University.
2. The facts leading to the filing of the writ petition is that the
petitioner secured MBA (Master of Business Administration) degree
from Sikkim Manipal University. The said University is approved by the
University Grants Commission and also a Distance Education Council.
Certificate to this effect is Ext.P1. Petitioner submitted an application
for a recognition certificate from the Cochin University. As per Circular
No.46/2015 dated 16.11.2015 of the Registrar of Co-operative
Societies, if an employee having MBA, MCA, or CA would be entitled for
increments. Petitioner received a letter in reply from the Registrar,
Cochin University that the academic council of the University on
28.3.2014 decided to recognize the Distance Education Degrees
recognized by UGC only for the purpose of education/employment in
the University with effect on 8.5.2019, therefore, the certificate could
not be issued.
3. Petitioner joined the MBA course in May 2013. Cochin
University passed a resolution dated 28.3.2014 that the Distance
WP(C) NO. 11386 OF 2020
Education degree e was recognized by Cochin University only for the
purposes aforementioned. Petitioner, since, was seeking an increment
in the employment asked for recognition of the degree but the same
was rejected vide Ext.P6 dated 21.5.2020.
4. Learned counsel appearing on behalf of the petitioner
submitted that the reasoning given by the 3 rd respondent in Ext.P6 is
highly illegal and arbitrary as the resolution of the syndicate now
placed on record R2(a) and R2(b) r/w Ext.P4 recognition in 2001 was
meant only for education/employment. Petitioner sought the
employment in Co-operative Society on the basis of recognized degree.
All the benefits which the person would be entitled to in course of
employment are also admissible and separate certificate of recognition
is not required though the Registrar Co-operative Society ought not
to have asked for it but the same was applied which has erroneously
been rejected.
5. Learned counsel appearing on behalf of the 2 nd respondent,
CUSAT opposed the aforementioned writ petition by submitting that the
writ petition is not maintainable in the absence of challenge to R2(a)
and R2(b); the decision of the academic council as well as of the
Syndicate whereby the MBA degree obtained by the candidate through
distance education recognized by the University is only for the purpose
of employment and education, thus, the increment cannot be equated
WP(C) NO. 11386 OF 2020
with the aforementioned decision, therefore, the action cannot be said
to be illegal or arbitrary in the issuance of Ext.P6. There is no
representation on behalf of the Co-operative Societies. Petitioner
rebutted the aforementioned counter by submitting that there is no
need to challenge R2(a) and R2(b). Ext.P6 has been challenged by the
petitioner. Exts.R2(a) and R2(b) are consequential.
6. I have heard the learned counsel for the parties and
appraised the paper book. The facts that the petitioner obtained the
degree of MBA from Sikkim Manipal University which is also
recognized in distance education and as per Ext.P4 dated 18.7.2011
issued by the Cochin University of Science and Technology whereby
one Harihara Bhrahma Mohanan V.Anjanam, Kuthirappanthy Wardm,
Alappuzha-2 on his request was issued recognition. The relevant
contents of the same reads as under:
COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY
No.Ac.C3/Recog/11/iii dated 18.7.2011
CERTIFICATE
This is to certify that all degrees/diplomas and other academic
distinctions specified by the UGC under Section 22 of the UGC
Act, awarded by Statutory Institutions approved by the
University Commission, stand recognised by Cochin University
of Science and Technology for the purpose of employment and
higher education on a reciprocal basis.
Sikkim Manipal University, Gangtok is a Statutory recognized by
the University Grants Commission and the Distance Education
Council, New Delhi and their degrees and diplomas stand
recognized by this University.
WP(C) NO. 11386 OF 2020
This Certificate is issued to Sri. Harihara Bhrahma Mohanan V.,
Anjanam, Alappuzha 2, on his request, to be produced before the
Secretary, Alappuzha District Co-operative Bank.
It is highly improbable and erroneous on behalf of the respondent
University to adopt a pick and choose policy. No doubt Exts.R2(a) and
R2(b) are the decisions taken by the Academic Council in July 2014 and
February 2015 recognizing the degree for the purpose of employment
and education. The relevant contents of the same reads as under:
Ext.R2(a)
COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY
Academic 'C' Section
No.Ac.CE/Equi/11 Dated, Kochi -22, 07.7.2014
Read: (1) Letter No.UGC/DEB/2013 dated 14.10.2013 from
the University Grants Commission.
(1.2) Resolution No.60 of the Academic Council at its
meeting held on 28.3.2014
(1.3) U.O Ac.C3/Equi/11 dated 22.2.2013
ORDER
The University had not been recognizing distance education
courses offered by Universities other than IGNOU as per U.O (3)
above. The Director University Grants Commission, vide the
letter read as paper (1) had requested all Universities to
recognize the Degrees/Diplomas/Certificates awarded for
programmes conducted by the Open and Distance Learning
institutions, recognized and UGC in conformity with notification
of specification degrees should be treated as equivalent to the
corresponding awards of Degree/Diploma/Certificate of the
traditional Universities/ Institutions in the country.
The Academic Council of the University considered the matter at
its meeting held 28.03.2014 and resolved to recognize those
Distance Education Degrees/Diplomas Statutory Universities of
WP(C) NO. 11386 OF 2020
the State/Central Government which are recognized by the UGC
in conformity with UGC notification of specification of degrees
for education/employment purpose in the University. Having
considered the resolution, the the Vice-Chancellor, invoking his
powers under Section 11(11) of CUSAT 1986 Act, of the
Academic Council, ordered to implement the resolution of the
Academic Council with effect from the date of the meeting of the
Academic Council, subject to ratification by the Syndicate.
Ext.R2(a)
COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY
Academic 'C' Section
No.Ac.CE/Equi/11 Dated, Kochi -22, 07.7.2014
Read: 1. U.O No.Ac.C3/Equi./11 dated 7.7.2014
2. Minutes of the meeting of the Syndicate held on
12.11.2014 (item No.616.33)
The Academic Council of the University, at its meeting held
on 28.01.2014, resolved to recognize those Distance Education
Degrees Diplomas awarded by Statutory Universities of the State
Central Government which are recognized by the UOC in
conformity with UOC notification of specification of degrees for
Education Employment in the University. Considering the
resolution, the Vice-Chancellor, invoking his powers under
Section 11(11) of CUSAT Act, 1986, ordered to implement the
resolution of the Academic Council with effect from the date of
meeting the Academic Council which was communicated vide the
U.O read as paper 1.
The Syndicate of the University considered the matter at its
meeting held on 12.11.2014 and resolved to tify the action taken
by the Vice-Chancellor in implementing the Academic Council
resolution as above.
Orders are issued communicating the resolution.
The aforementioned decision of the Academic council was rectified
by the Syndicate. The expression education/employment would not
WP(C) NO. 11386 OF 2020
have a restrictive meaning that it is only for the first entry either for the
education or the employment, and not for other benefits. The action of
the respondents in not recognition of the degree by misinterpreting the
resolutions of the academic council and Syndicate is totally unjustified.
A candidate who has sought an employment, where the original
employment is not under dispute or challenged, the benefits which are
to be granted ought to have been granted. In my view, the Registrar of
Co-operative Society ought not to have called upon the petitioner to
obtain the certificate of recognition, once he was given an employment
on the basis of the said degree. The impugned action of the respondent
No.3 thus is wholly fallacious, repugnant and arbitrary and is hereby
quashed. The writ petition is allowed. Directions are issued to the
respondents to recognize the degree for the purpose of awarding of the
increments, permissible in accordance with the applicability of Co-
operative Society Rules or any other Rules of employment applicable.
Sd/-
sab AMIT RAWAL
JUDGE
WP(C) NO. 11386 OF 2020
APPENDIX OF WP(C) 11386/2020
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE
CERTIFICATE ISSUED BY
THE SIKKIM MANIPAL
UNIVERSITY DATED
14.07.2015.
EXHIBIT P2 TRUE COPY OF THE
CIRCULAR BEARING
NO.46/2015 DATED
16.11.2015 OF THE
REGISTRAR OF CO-
OPERATIVE SOCIETIES.
EXHIBIT P3 TRUE COPY OF THE LETTER
DATED 08.05.2019
BEARING
NO.AC.C3/RECOG/2019.
EXHIBIT P4 TRUE COPY OF THE
CERTIFICATE DATED
18.07.2011 BEARING
NO.AC.C3/RECOG/11/IN OF
THE COCHIN UNIVERSITY.
EXHIBIT P5 TRUE COPY OF THE
REPRESENTATION DATED
04.03.2020 BEFORE THE
2ND RESPONDENT.
EXHIBIT P6 TRUE COPY OF THE
COMMUNICATION DATED
21.05.2020 BEARING
NO.AC.C3/RECOGNITION OF
DEGREES/2020.
R2(a) True copy of the U.O No.Ac C3/Equi./11 dated 7.7.2014
R2(b) True copy of the order No.Ac.C3/Equi/11 dated 24.2.2015
